Agencies face legal action over marathon bushfire

Several government agencies in Western Australia have confirmed they have been threatened with legal action from the organisers of last year's disastrous Kimberley ultra marathon.

Two of the runners, Kate Sanderson and Turia Pitt, were nearly killed when they suffered serious burns as a bushfire swept across the remote race course in the East Kimberley last year.

A parliamentary committee criticised the Hong Kong-based company, RacingThePlanet, RTP, for failing to minimise the risk to competitors.

Tourism WA and the Fire and Emergency Services Authority say they have been advised that if RacingThePlanet is sued by the victims, the company may cross-claim against the agencies.

A Kimberley shire has also been advised that it too could face legal action.

The CEO of the Shire of Wyndham East Kimberley, Gary Gaffney, said the shire has received a letter from the company's solicitors advising it of 'intent of legal action.'

He would not detail the nature of the action for legal reasons but confirmed it was addressed to the Shire CEO and Shire President.

Mr Gaffney declined to say whether the letter cited state or federal law.

He said the shire would now consult its solicitors to advice on how to defend itself.

"We'll be taking this to our solicitors for advice," he said.

"I think that we will defend the claims against us vigorously because we felt that we did everything within our power and I think it's by association that we've been brought into this," he said.

Mr Gaffney also conceded it was always expecting Kimberley Ultramarathon organisers to take it to court over its involvement in the event.

"I think any agency that has gone through this would expect that once the competitors said they were going to take legal action against RTP then that organisation looks around it who it can join in the action," he said.

"We're probably like many agencies so far, they're spreading the net wide and far."

RacingThePlanet's lawyers Ashurst Australia declined to confirm it sent the letter to the Shire of Wyndham East Kimberley.

The lawyers issued a statement saying, 'As far as RacingThePlanet is aware, no legal proceedings have been commenced in relation to the 2011 Kimberley Ultramarathon.'